Legal Question in Immigration Law in New York

Naturalization- never registered with Selective Service, can the INS turn me dow

I am preparing to apply for naturalization. Unfortunately, I don't have copies of my records with INS. All the previous copies of applications for permanent residence and etc appeared lost.

I read somewhere that I could obtain copies from my record by filling out the Freedom of Information Act form.

Do you think filling out this application is a good idea or it�s going to make INS delve into my record into details, which can create complications?

Has anyone had an experience with that process and how much information could one obtain based on this form?


Asked on 3/31/03, 1:07 pm

2 Answers from Attorneys

Neena Bohra Law Offices of Neena Bohra

Re: Naturalization- never registered with Selective Service, can the INS turn me

FOIA takes time and will not be helpful to you in terms of applying for citizenship.

What is the reason you never registered? how old are you now?

call the office for an in-depth consultation at 212-279-0424

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Answered on 4/01/03, 12:30 pm
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Naturalization- never registered with Selective Service, can the INS turn me

Your heading is that you never regusterd with selective service. Can the INS turn you down? First, the INS no longer exists. The BCIS can turn you down if your non registration was willful. If you are older than 31, it probably won't matter. You should go to the selective service web site for details about what you should do under your circumstances to verify your non registration & get details about your non-registration. Then you would need to prepare an affidavit to file along with your natz application about why your non registration was not willful.

Regarding a FOIA of your immigration file, I really don't know what you hope to find that would be helpful to your natz case. The natz application primarily asks for info for the past 5 years since you became an LPR. Other than arrests, convictions, marriages, divorces, or children, all of which would be independently verifiable thru documents which you would need anyway, I don't see how the FOIA will be of much help to you. And it takes along time.

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Answered on 3/31/03, 1:27 pm


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